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Legitimacy of the amendment introduced by Law no. 94/2009 in relation to Art. 116 (1) of the Civil Code

Deciding Body type:
National Court/Tribunal
Deciding Body:
Constitutional Court
Type:
Decision
Decision date:
25/07/2011

Key facts of the case:

Following the adoption of law no. 94/2009, Art. 116 (1) of the Civil Code concerning the right to marry was modified for foreigners. An additional requirement was imposed in order to have banns published: a foreigner wishing to marry had to have stay permit. A Moroccan man who had no stay permit was thus unable to marry his Italian partner. They sued the Ministry of the Interior and the Tribunal sent the question to the Constitutional Court to decided on the constitutional legitimacy of the amendment to the Civil Code.

Results (sanctions) and key consequences or implications of the case:

The Constitutional Court declared the constitutional illegitimacy of the amendment introduced by Law no. 94/2009 in relation to Art. 116 (1) of the Civil Code.